Exam 15: Real Property: Interests and Leases

Téa and David are co-tenants of Blackacre.There are no other co-tenants.Blackacre has been leased to the Bland Corp for $50 000.That profit does not necessarily have to be split equally between Téa and David.

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Question 1

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True

Omar,an elderly bachelor,has the fee simple to a piece of land called Blackacre.He was recently told,however,that ultimately he may not fully own that property.Is that statement correct? How does your answer affect Omar's ability to exploit the contents of the ground beneath Blackacre while he is alive? How does it affect the possible ownership of Blackacre after Omar dies?

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Question 2

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For most purposes,as a result of his fee simple,Omar is the owner of Blackacre.He has the right of exclusive possession,he can (subject to exceptions)use and abuse the land as he sees fit,and he has the right to dispose of Blackacre during his lifetime or upon his death.
The ultimate owner of Blackacre is the Crown.Every piece of land in Canada begins with the Crown.It can then be put into private hands through a Crown grant.Omar may have received such a grant or (more likely)he may have received it,through a series of transactions,from the person to whom a Crown grant was made many years ago.
The origin of real property rights in Canada is important in at least two ways.First,Omar has the right to dispose of Blackacre,either during his life or upon his death.In the latter case,the disposition may be effected through Omar's will or through intestacy legislation if he does not have an effective will.Intestacy legislation will provide Blackacre to Omar's nearest relative.It is possible,however,that Omar,as a bachelor,has no heir.If so,and if there is no one to take the property under intestacy,the land will pass back to the Crown.After all,someone has to own Blackacre.
The fact that Blackacre began with the Crown probably also affects Omar's ability to exploit the mineral content of the property.Although Crown grants initially included mineral rights,the government realized the value of mineral rights by the 1880s.Consequently,land grants after that time reserved the mineral rights to the Crown.
Finally,Omar's land may be expropriated by the Crown.

Kiana owned the fee simple in a piece of land called Blackacre.She entered into an agreement to create a lease with Brian that was to last for "99 years or until I get married." That lease satisfies the requirement regarding the duration of a lease.

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Question 3

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True

Lewis is currently leasing land in the countryside.Since he has found it too difficult to make use of the land because he lives in the city,Lewis has decided to assign his contractual rights to his sister,Maria.Four months down the road,Maria defaults on her lease payments,causing the owner of the estate to demand relief from Lewis.In this situation,Lewis is

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Question 4

Itzhak and Eleni are joint tenants of a piece of land called Blackacre.Which of the following statements is TRUE?

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Question 5

Jocelyn shares a joint tenancy with three of her close friends and they all live in the same house.After being accepted into a school on the other side of the country,she decides to sell her property rights to a fourth and different friend.In this case,Jocelyn's fourth friend will

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Question 6

Annalie recently acquired a piece of land called Blackacre,which was already subject to a restrictive covenant.Her lawyer subsequently asked her whether or not she purchased Blackacre.With respect to the restrictive covenant,why is her answer to that question important?

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Question 7

Danica rented a commercial property to Goran.Goran now claims relief from forfeiture.On the basis of the materials discussed in the text,explain the circumstances that most likely have led to Goran's claim.

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Question 8

In the context of an easement or a restrictive covenant,the servient tenement is the property that is beneficially served by the easement or restrictive covenant.

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Question 9

Winifred and Randolph jointly owned a piece of land.Because they were unable to agree on how to use that property,they went to court.The judge ordered the land to be sold and split the profits between the parties.The judge used a process known as

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Question 10

Explain the important differences between the assignment of a lease and the creation of a sublease.

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Question 11

Identify and briefly explain three ways in which a true easement can be created.Are all three methods available in all of Canada's common law jurisdictions? Explain your answer.

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Question 12

The main difference between an easement and a licence is that a licence must be an interest in land,while an easement may or may not be an interest in land depending upon the circumstances.

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Question 13

Dafyyd,Enid,and Gwyneth share ownership of a piece of land called Blackacre.Evan has a five-year lease that allows him to occupy Blackacre.He pays an annual rent of $60 000.On what basis will that money be divided among Dafyyd,Enid,and Gwyneth? What if they are joint tenants? What if they are co-tenants?

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Question 14

Rio bought a piece of land from Bill.Although she now owns that property,the doctrine of privity of contract means that Bill is the only person against whom she can enforce her property rights.

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Question 15

Belinda and Peter own neighbouring pieces of land.Peter's property is accessible from the highway only by driving across Belinda's land.Peter has acquired a legal right to drive across Belinda's land as a result of doing so for many years.Peter therefore benefits from the legal concept of

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Question 16

Dulcy has an estate in a piece of land called Blackacre.That means that she must own that land,though not necessarily as the holder of a fee simple.

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Question 17

Qadir has the fee simple to a piece of land called Blackacre.Patricia wants to acquire an interest in that property.Which of the following statements is TRUE?

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Question 18

Bogdan has the fee simple in a piece of land called Blackacre,which is located in a remote forest.He has not visited it in nearly 25 years.Tina claims that she has acquired a property interest in Blackacre as a result of the process of "prescription." Louise claims that she has acquired a property interest in Blackacre as a result of the process of "adverse possession." Which of the following statements is TRUE,assuming that the terms "prescription" and "adverse possession" are used in the same sense that they appear in the text?

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Question 19

Bhagiratha has the fee simple in a piece of land called Blackacre.She is about to create two new interests in that property.Gallahad will receive a life estate.Adeline will receive the remainder.Which of the following statements is TRUE?

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Question 20

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Exam 15: Real Property: Interests and Leases

Téa and David are co-tenants of Blackacre.There are no other co-tenants.Blackacre has been leased to the Bland Corp for $50 000.That profit does not necessarily have to be split equally between Téa and David.

Kiana owned the fee simple in a piece of land called Blackacre.She entered into an agreement to create a lease with Brian that was to last for "99 years or until I get married." That lease satisfies the requirement regarding the duration of a lease.

Itzhak and Eleni are joint tenants of a piece of land called Blackacre.Which of the following statements is TRUE?

Jocelyn shares a joint tenancy with three of her close friends and they all live in the same house.After being accepted into a school on the other side of the country,she decides to sell her property rights to a fourth and different friend.In this case,Jocelyn's fourth friend will

Annalie recently acquired a piece of land called Blackacre,which was already subject to a restrictive covenant.Her lawyer subsequently asked her whether or not she purchased Blackacre.With respect to the restrictive covenant,why is her answer to that question important?

Danica rented a commercial property to Goran.Goran now claims relief from forfeiture.On the basis of the materials discussed in the text,explain the circumstances that most likely have led to Goran's claim.

In the context of an easement or a restrictive covenant,the servient tenement is the property that is beneficially served by the easement or restrictive covenant.

Winifred and Randolph jointly owned a piece of land.Because they were unable to agree on how to use that property,they went to court.The judge ordered the land to be sold and split the profits between the parties.The judge used a process known as

Explain the important differences between the assignment of a lease and the creation of a sublease.

Identify and briefly explain three ways in which a true easement can be created.Are all three methods available in all of Canada's common law jurisdictions? Explain your answer.

The main difference between an easement and a licence is that a licence must be an interest in land,while an easement may or may not be an interest in land depending upon the circumstances.

Rio bought a piece of land from Bill.Although she now owns that property,the doctrine of privity of contract means that Bill is the only person against whom she can enforce her property rights.

Belinda and Peter own neighbouring pieces of land.Peter's property is accessible from the highway only by driving across Belinda's land.Peter has acquired a legal right to drive across Belinda's land as a result of doing so for many years.Peter therefore benefits from the legal concept of

Dulcy has an estate in a piece of land called Blackacre.That means that she must own that land,though not necessarily as the holder of a fee simple.

Qadir has the fee simple to a piece of land called Blackacre.Patricia wants to acquire an interest in that property.Which of the following statements is TRUE?

Bhagiratha has the fee simple in a piece of land called Blackacre.She is about to create two new interests in that property.Gallahad will receive a life estate.Adeline will receive the remainder.Which of the following statements is TRUE?

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